40 A.2d 131 | Pa. Super. Ct. | 1944
Submitted November 13, 1944. The court below dismissed claimant's appeal from *319 the workmen's compensation board holding that it had no jurisdiction.
The Workmen's Compensation Act, amended by the Act of June 21, 1939, P.L. 520, § 1 (§ 427),
The accident occurred in Fulton County. The claimant resides in Lancaster County. The employer is a corporation, and has no corporate residence or permanent place of business in either Lancaster or Fulton County. The parties did not agree to submit the appeal to the Lancaster County court.
The jurisdiction of the courts of common pleas in workmen's compensation cases, apart from agreements of the parties, is founded upon either of two bases: (a) the place of the accidentor (b) the residence or permanent place of business of the adverse party. In this case, the claimant appealed from the decision of the board. He was the aggrieved party and, thinking he was also the adverse party, he took his appeal to the court of the county in which he resides. This was error. The adverse party is the party who is interested in upholding the decision from which the appeal is taken. The adverse party is claimant's employer, and since it has no residence or permanent place of business in Lancaster County, the court of common pleas of the county in which the accident occurred, Fulton County, has jurisdiction of the appeal.
In Jester v. Electric Power Construction Co.,
The board assigned claimant's petition to the referee whose office is in Lancaster and whose district embraces seven counties, not including Fulton County. Doubtless the board sought to serve claimant's convenience by providing the initial tribunal at his home instead of requiring him to litigate his claim before the more distant referee whose district does embrace Fulton County. Claimant argues that the effect of the assignment was to confer jurisdiction of the appeal upon the court of Lancaster County. The argument is without merit. The compensation districts are administrative units of the Department of Labor and Industry. Administrative Code of April 9, 1929, P.L. 177, § 2208(e),
Order affirmed.